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(영문) 수원지방법원 2018.10.24 2018구합65294
택시 카드결제 수수료 보조금 및 이자 전액 환수처분 취소 등
Text

1. The full amount of subsidies and interest paid by the Defendant to the Plaintiff on April 2, 2018 shall be KRW 103,867,920, which was paid by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 7, 2012, the Plaintiff entered into a wage agreement in 2012 with the Modong Transport Workers’ Union (hereinafter “instant trade union”). Article 12(3) of the Wage Convention provides that “If a transport employee deposits money in excess of the standard transport income, the company shall receive it and then pay it to the transport employee, 60% of the transport income exceeding the standard transport income shall be paid as piece rates, and the remainder shall be appropriated for taxes, public charges, and retirement benefits, etc.,” and the said provision remains until the Plaintiff and the instant trade union entered into the wage agreement in 2017.

B. Meanwhile, on February 9, 2015, the Plaintiff entered into a supplementary agreement with the instant trade union as follows, and entered into the same supplementary agreement again on January 27, 2016.

(hereinafter collectively referred to as "each supplementary agreement of this case"). (In the event of the request of an old union, a supplementary agreement relating to the enforcement of Article 12 (3) of the Wage Convention shall be concluded as follows:

- - Pursuant to Article 12(3) of the Wage Convention, the remainder except card fees (applicable to the average monthly fee) shall be paid as advance payment in order to stabilize the livelihood of workers.

Provided, That the advance payment shall be limited to the person who submits a receipt.

(2) The advance payment as provided in paragraph (1) shall be offset against any additional retirement allowance corresponding to excess transport earnings when a worker retires.

(3) Where advance payment remains after being appropriated for the additional retirement allowance under paragraph (2), the retirement consolation money shall be treated as compensation for the sincere work between them.

Provided, That this shall not apply where there are taxes and public charges to be borne by the company.

(hereinafter omitted)

C. On November 10, 2017, the Plaintiff and the instant trade union are as follows.

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